Note: Prior ordinance history: Ords. 279, 286, 290 and
314.
The purpose of this chapter is to provide a water conservation
plan to minimize the effect of a shortage of water on the district's
consumers and to adopt provisions that will significantly reduce the
consumption of water during an extended dry weather period (drought),
thereby extending the available water for the district's consumers
while reducing the hardship on the general public to the greatest
extent possible, voluntary conservation efforts having proved insufficient
to achieve these ends. The programs developed in this chapter are
triggered based on lake storages developed by computer simulations
performed utilizing the district's seven reservoirs with approximately
80,000 acre-feet of total capacity and up to 9,000 acre-feet per year
of imported water.
(Ord. 316 §2, 1991; Ord. 387 §1, 1999)
Nothing in this chapter shall preclude the district from declaring
a water shortage emergency, which it may consider and adopt in accordance
with Water Code Sections 350 et seq. and 71640 et seq.
(Ord. 462 §2, 2023)
No customer of the district shall make, cause, use or permit
the use of potable water from the district for residential, commercial,
industrial, agricultural, governmental or any other purpose in a manner
contrary to any provision of this section.
(1)
Prohibited Nonessential Uses Applicable to Customers. It is unlawful
for any person, firm, partnership, association, corporation, or political
entity to use potable water from the district for the following nonessential
uses:
(A)
The washing of sidewalks, walkways, driveways, parking lots and all
other hard surfaced areas by direct hosing, except as may be permitted
by current regulations pertaining to urban water runoff pollution
prevention as defined by the Marin County Stormwater Pollution Prevention
Program and other controlling agencies.
(B)
The escape of water through breaks or leaks within the consumer's
plumbing or private distribution system for any substantial period
of time within which such break or leak should reasonably have been
discovered and corrected. It shall be presumed that a period of 48
hours after the consumer discovers such a leak or break, or receives
notice from the district of such leak or break, whichever occurs first,
is a reasonable time within which to correct such leak or break.
(C)
Non-recycling decorative water fountains.
(D)
Restrictions on Irrigation. Irrigation shall not be conducted in
a manner or to an extent that allows water to run off or overspray
the areas being watered. Every consumer is required to have his or
her water distribution lines and facilities under control at all times
to avoid water waste.
(E)
Any excess water runoff flowing onto the public right-of-way at a
rate of one gallon per minute or greater not caused by storm water
or naturally occurring groundwater, is prohibited.
(F)
Using a garden hose without a shut-off nozzle.
(G)
Landscape irrigation between the hours of 9:00 a.m. and 7:00 p.m.
(H)
Operating outdoor sprinkler irrigation systems delivering overhead
spray more than two days within any calendar week and drip irrigation
more than three days per week within any calendar week, but excluding
hand-watering. For the purpose of this section, "calendar week" shall
mean a period running from Monday-Sunday.
(I)
The application of potable water to outdoor landscapes during and
within 48 hours after measurable rainfall.
(J)
Irrigating ornamental turf on public street medians.
(2)
Restrictions on Reverse Osmosis Units. The installation of reverse
osmosis water purifying systems not equipped with an automatic shutoff
unit is prohibited.
(4)
Exemption From Daytime Water Prohibition. Notwithstanding anything
contained in this Title 13, testing and repairing irrigation systems
for the purpose of eliminating water waste is permitted during the
hours of 9:00 a.m. and 7:00 p.m.
(5)
Sewer cleaning/flushing should be done using recycled water when
available without hauling by truck and whenever reasonably possible.
(Ord. 461 §2, 2022)
(1)
Declaration of Purpose. The purpose of this chapter is to provide
a water conservation plan to maximize the water supply during periods
of relatively normal rainfall and to minimize the effect of a shortage
of water on the district's consumers during an extended dry weather
period (drought). The normal year conservation programs in this chapter
are based on industry standards promulgated by the American Rainwater
Catchment Systems Association (ARCSA), Bay-Friendly Landscape and
Gardening Practices (Bay-Friendly), Best Management Practices developed
by the California Urban Water Conservation Council (CUWCC), California
Department of Water Resources (DWR), California Invasive Plant Council
(Cal-IPC), California Irrigation Management Information System (CIMIS),
Consortium for Energy Efficiency (CEE), University of California Cooperative
Extension (U.C. Extension), USEPA Water-Sense Program (WaterSense),
Water Use Classification of Landscape Species (WUCOLS), and other
recognized conservation industry standards. In every case, the intent
of this chapter is to remain a living document, incorporating the
most restrictive industry standards in practice at the time in question.
In the event that there is a conflict in regulations, the default
shall be determined by the District, or as required by law.
Section 2 of Article X of the California Constitution specifies
that the right to use water is limited to the amount reasonably required
for the beneficial use to be served and the right does not and shall
not extend to waste or unreasonable method of use. This policy protects
local water supplies through the implementation of a whole systems
approach to design, construction, installation and maintenance of
the landscape resulting in water conserving climate-appropriate landscapes,
improved water quality and the minimization of natural resource inputs.
(2)
Aggregate Landscape Area:
Applied Water:
Application for Service from an Existing Connection:
Automatic Irrigation Controller:
Backflow Prevention Device:
Booster Pumps:
Bubblers:
Check Valve or Anti-Drain Valve:
Common Interest Development:
Compost:
Conversion Factor (0.62):
Developed Landscape Area:
Distribution Uniformity:
Drip Irrigation:
Ecological Restoration Project:
Effective Precipitation (Eppt):
Emitter:
Established Landscape:
Estimated Total Water Use (ETWU):
ET Adjustment Factor (ETAF):
Evapotranspiration Rate:
Flow Rate:
Flow Sensor:
Friable:
Graywater:
Hardscape:
Head-to-Head Coverage:
High-Efficiency Fixture(s):
High-Efficiency Irrigation Controller:
High-Efficiency Irrigation System:
High Volume Irrigation:
High-Flow Sensor:
High-Water-Use Plants:
Hydrozones:
Infiltration Rate:
Invasive Plant Species:
Irrigation Design Capacity:
Irrigation Efficiency (IE):
Isolation Valves:
Landscape Agent:
Landscape Area:
Landscape Plans:
Landscape Project:
Landscape Water Budget:
Landscape Water Meter:
Lateral Line:
Low-Head Drainage:
Low Volume Irrigation:
Low-Water-Use Plants:
Main Line:
Master Valve:
Maximum Applied Water Allowance (MAWA):
Median:
Microclimate:
Moderate Water Use Plants:
Mulch:
New Construction:
Nonfunctional Turf:
Nonresidential Landscape:
Operating Pressure:
Overhead Sprinkler Irrigation Systems or Overhead Spray Irrigation
Systems:
Overspray:
Pervious:
Plant Factor:
Point of Connection (POC):
Precipitation Rate:
Pressure Regulating Valve:
Project Applicant:
Property:
Property Owner:
Rain Sensor:
Recreational Area:
Recycled Water:
Reference Evapotranspiration or ETo:
Rehabilitated Landscape:
Residential Customer:
Residential Landscape:
Runoff:
Soil Moisture Sensing Device or Soil Moisture Sensor:
Soil Texture:
Soils Laboratory Report:
Special Landscape Area (SLA):
Sprinkler Head:
Static Water Pressure:
Station:
Submeter:
Swing Joint:
Turf:
Valve:
Valve Manifold:
Water Budget:
Water Feature:
Watering Window:
Weather-Based or Sensor-Based Irrigation Control Technology:
WUCOLS:
Definitions. Definitions used in this chapter are as follows:
The total square foot area of new or rehabilitated landscape
subject to plan review.
The portion of water supplied by the irrigation system to
the landscape.
The application for service from an existing connection,
whether it is a new, increased, or modified water service, in a customer's
name for a property.
A device used to remotely control valves that operate an
irrigation system. Automatic irrigation controllers are able to self-adjust
and schedule irrigation events using either evapotranspiration (weather-based)
or soil moisture data.
An approved device installed to District standards which
will prevent backflow or back-siphonage into the potable water system.
A water pump used where the normal water system pressure
is low and needs to be increased.
Irrigation heads that produce a large volume of output, measured
in gallons per minute (gpm) that flood the soil area surrounding the
bubbler head.
A valve located under a sprinkler head, or other location
in the irrigation system, to hold water in the system to prevent drainage
from sprinkler heads when the sprinkler is off.
Community apartment projects, condominium projects, planned
developments, and stock cooperatives per Civil Code Section 1351.
The decayed remains of organic matter that has rotted into
a natural fertilizer suitable as a soil amendment to enhance plant
growth.
The number that converts acre-inches per acre per year to
gallons per square foot per year.
All outdoor areas under irrigation, swimming pools, and water
features, but excluding hardscape areas.
The measure of the uniformity of irrigation water over a
defined area.
Any non-spray low volume irrigation system utilizing emission
devices with a flow rate measured in gallons per hour. Low volume
irrigation systems are specifically designed to apply small volumes
of water slowly at or near the root zone of plants.
A project where the site is intentionally altered to establish
a defined, indigenous, historic ecosystem.
The portion of total rainfall which becomes available for
plant growth and that is used by the plants, defined as an average
of 25% of total rainfall.
A drip irrigation device that delivers water slowly from
the system to the soil.
The point at which plants in the landscape have developed
significant root growth into the soil. Typically, most plants are
established after one or two years of growth.
A calculated amount of water needed to irrigate a given landscape,
and used as the basis for assigning water budgets at a site.
A factor of 0.55 for residential areas and 0.45 for non-residential
areas, that, when applied to reference evapotranspiration as measured
by a CIMIS weather station, or equivalent, adjusts for plant factors
and irrigation efficiency, two major influences upon the amount of
water that needs to be applied to the landscape. The ETAF for new
and existing (non-rehabilitated) Special Landscape Areas shall not
exceed 1.0. The ETAF for existing non-rehabilitated landscapes is
0.8.
The quantity of water evaporated from adjacent soil and other
surfaces and transpired by plants during a specific specified time.
The rate at which water flows through pipes, and valves and
emission devices, measured in gallons per minute, gallons per hour,
or cubic feet per second.
An inline device installed at the supply point of the irrigation
sys-tem that produces a repeatable signal proportional to flow rate.
Flow sensors must be connected to an automatic irrigation controller,
or flow monitor capable of receiving flow signals and operating master
valves. This combination flow sensor/controller may also function
as a landscape water meter or submeter.
A soil condition that is easily crumbled or loosely compacted
down to a minimum depth per planting material requirements, whereby
the root structure of newly planted material will be allowed to spread
unimpeded.
Untreated wastewater that has not been contaminated by any
toilet discharge, has not been affected by infectious, contaminated,
or unhealthy bodily wastes, and does not present a threat from contamination
by unhealthful processing, manufacturing, or operating wastes. Graywater
includes, but is not limited to, wastewater from bathtubs, showers,
bathroom washbasins, clothes washing machines, and laundry tubs, but
does not include wastewater from kitchen sinks or dishwashers.
Impermeable areas including patios, decks and paths, driveways
and sidewalks.
A high-flow irrigation system designed to provide an irrigation
spray pattern that delivers water from one sprinkler head to the next.
High efficiency fixtures shall, at a minimum, meet the current
requirements of the WaterSense labeling program and those of the California
Department of Water Resources and the District.
An electronic device that controls the amount of time and
frequency of operation for an irrigation system and adjusts automatically
to compensate for the seasonal plant water requirements at the site
(commonly referred to as weather-based irrigation controllers).
An irrigation system connected to a water ser-vice where
the overall distribution uniformity (how evenly water is distributed
across the irrigated landscape area) is a minimum of 75% for overhead
spray devices and 85% for drip and bubbler systems, and the volume
of water used is consistent with seasonal plant requirements as defined
by the District.
An irrigation device or system that delivers water to the
landscape in a spray, stream-like, or flooding manner from above-ground
irrigation nozzles with output expressed in gallons per minute (including
many bubblers and micro-spray devices).
A device for sensing the rate of flow in the irrigation system.
Annuals, plants in containers, and plants identified as high-water-use
in the current edition of the WUCOLS list published by the U.C. Extension.
High-water-using plants are characterized by high transpiration rates,
shallow rooting, the need for frequent watering during summer months
or with exposure to hot and drying climatic conditions.
A distinct grouping of plants with similar water needs and
climatic requirements. Hydrozone types include, but are not limited
to, turf, high-water-use plants, low-water-use plants, microclimates
(i.e., sun or shade, southern or northern exposures, surrounded by
highly reflective surfaces), and partially hardscaped areas with plants,
pool areas and water-use features.
The rate of water entry into the soil expressed as a depth
of water per unit of time (e.g., inches per hour).
Species of plants not historically found in California and/or
that spread outside cultivated areas and can damage environmental
or economic resources as determined by Cal-IPC (www.cal-ipc.org) and the District.
The maximum amount of water calculated to flow through an
irrigation system, or section of a system, based on pipe size, pipe
material, and operating pressure.
A calculated measurement of the amount of water beneficially
used divided by the amount of water applied. Irrigation efficiency
is derived from measurements and estimates of irrigation system characteristics
and management practices. The irrigation efficiency for purposes of
this chapter is 0.75 for overhead spray devices and 0.85 for drip
and bubbler systems.
Used to isolate and shut-off water to a portion of the piping
system.
The consumer's designated representative for interacting
with the District on landscape plan reviews.
All the planting areas, turf areas, and water features in
a landscape design plan subject to the Maximum Applied Water Allowance
calculation. The landscape area does not include footprints of buildings
or structures, sidewalks, driveways, parking lots, decks, patios,
gravel or stone walks, other pervious or non-pervious hardscapes,
and other non-irrigated areas designated for non-development (e.g.,
open spaces and existing native vegetation).
This includes a planting plan, an irrigation plan, and a
grading plan drawn at the same scale and that clearly and accurately
identify specified plants, irrigation layout, equipment, finish grades
and drainage, specifications and construction details, plan sheet
numbers, and drawing date of plans.
Total area of landscape in a project as defined in "landscape
area."
The amount of water allowed for landscape water use at a
site, adjusted on a seasonal basis, as determined by the District.
An inline device installed at the irrigation supply point
that measures the flow of water into the irrigation system and is
connected to a totalizer to record water use.
Non-pressurized pipe that is located downstream of an irrigation
valve.
Water that flows out of the system after the valve turns
off due to elevation changes within the system.
Irrigation devices, commonly called drip or point-source
irrigation, with output measured and typically expressed in gallons
per hour (gph), that apply water directly to soil in the plants' root
zone.
Plants identified as low-water-use in the current edition
of the Water Use Classification of Species list published by the U.C.
Extension. (Typically, plants that once established can survive on
two irrigations per month during the summer months).
The pressurized pipeline that delivers water from the water
source to the valve or outlet.
An automatic valve installed at the irrigation supply point
which controls water flow into the irrigation system. When this valve
is closed water will not be supplied to the irrigation system. A master
valve will greatly reduce any water loss due to a break, leak, or
other malfunction in the irrigation system.
For design purposes, the upper limit of annual applied water
for the established landscape as determined by the District.
An area between opposing lanes of traffic that may be unplanted
or planted.
The climate of a specific area in the landscape that has
substantially differing sun exposure, temperature, or wind, or proximity
to reflective surfaces than adjacent areas or the area as a whole.
Ornamental trees, shrubs, ground covers, and perennials and
other plants recognized as moderate-water-use by WUCOLS.
Any organic material such as leaves, bark, straw, compost
or other inorganic mineral materials such as rocks, gravel, and decomposed
granite left loose and applied to the soil surface for the beneficial
purposes of reducing evaporation, suppressing weeds, moderating soil
temperature and preventing soil erosion.
Any new landscape area such as a planter, lawn, swimming
pool, park, playground, or greenbelt with or without a new building
associated with the project.
Any turf planted within nonresidential landscapes, excluding
recreational areas, and other areas where the turf is necessary for
the intended function of the planted area and no alternative materials
are suitable for the anticipated site use.
Landscapes in commercial, institutional, industrial and public
settings that may have areas designated for recreation or public assembly.
It also includes portions of common areas of common interest developments,
such as home owners associations, with designated recreational areas.
The pressure when water is flowing through the irrigation
system.
Systems that deliver water through the air (e.g., spray heads,
microspray, multi-stream rotating nozzles and rotors).
Water delivered by an irrigation system outside the targeted
landscape area during average operating conditions onto any adjacent
hardscapes or other nonlandscaped areas during an irrigation cycle.
Any surface or material that allows the passage of water
through the material and into the underlying soil.
A factor specified in WUCOLS that, when multiplied by reference
evapotranspiration (ETo), estimates the amount of water used by specified
plants.
The location where an irrigation system is connected to water
supply.
The rate of application of water measured in inches per hour.
A valve that automatically reduces the pressure in a pipe.
The individual or entity submitting a Landscape Documentation
Package, to request a permit, plan check or design review from the
local agency. A project applicant may be the property owner or his
or her designee.
Any structure, including, but not limited to, single-family
residential, multi-family residential and floating homes, built and/or
intended primarily for sheltering or housing of any person and ancillary
structures thereto.
A person or entity that owns or has the financial authority
or control over the property to comply with the requirements set forth
in this chapter.
A system component which automatically shuts off and suspends
the irrigation system when it rains.
Areas dedicated to active play or recreation such as sports
fields, school yards, picnic grounds, or other areas with intense
foot traffic, parks, sports fields and golf courses where turf provides
a playing surface.
Tertiary treated water which results from the treatment of
wastewater, is suitable for direct beneficial use, and conforms to
the definition of disinfected tertiary recycled water in accordance
with state law.
A standard measurement of environmental parameters which
affect the water use of plants and are an estimate of the evapotranspiration
of a large field of four to seven-inch tall, cool-season grass that
is well watered.
Any re-landscaping project that requires a building or grading
permit, plan check or design review.
The person(s) or entity with an existing water service connection
for a residential property.
Landscapes surrounding single-family or duplex homes.
Irrigation water that is not absorbed by the soil or landscape
area to which it is applied and which flows onto other non-targeted
areas, including runoff into storm drain systems.
A device that measures the amount of water in the soil. The
device may also suspend or initiate an irrigation event.
The classification of soil based on its percentage of sand,
silt, and clay.
The analysis of a soil sample to determine nutrient con-tent,
composition and other characteristics, including contaminants, for
horticultural purposes.
An area of the landscape dedicated solely to edible plants,
areas irrigated with recycled water, water features using recycled
water and areas dedicated to active play such as parks, sports fields,
golf courses, and where turf provides a playing surface.
A high-volume irrigation device that delivers water to the
landscape through a spray nozzle.
The pipeline or municipal water supply pressure when water
is not flowing.
An area served by one valve or by a set of valves that operate
simultaneously.
A separate meter that is located on the private side of the
water system and is plumbed to measure all water that flows only through
the irrigation system. This meter is to be used by the owner to monitor
irrigation water use and will not be read or maintained by the District.
An irrigation component that provides a flexible, leak-free
connection between the emission device and lateral pipeline to allow
movement in any direction and to prevent equipment damage.
A mat layer of monocotyledonous plants with shallow rooting
structures requiring frequent watering during the growing season;
i.e., cool or warm season grass consisting of, but not limited to,
Blue, Rye, Fescue, Bent, Bermuda, Kikuyu, St. Augustine, Zoysia, and
Buffalo.
A device used to control the flow of water in the irrigation
system.
A one-piece manifold for use in a sprinkler valve assembly
that includes an intake pipe having a water inlet and a plurality
of ports adapted for fluid connection to inlets.
An allocation of water based on plant water needs, used to
determine the billing tiers for customers with dedicated landscape
irrigation meters, for example.
A design element where open water performs an aesthetic or
recreational function. Water features include ponds, lakes, waterfalls,
fountains, artificial streams, spas and swimming pools (where water
is artificially supplied). The surface area of water features is included
in the high water use hydrozone of the landscape area.
The time of day irrigation is allowed.
Local weather and landscape conditions to tailor irrigation
schedules to actual conditions on the site or uses historical weather
data.
The most current Water Use Classification of Landscape Species
published by the University of California Cooperative Extension, the
Department of Water Resources and the Bureau of Reclamation.
(3)
Requirements for All Services.
A.
Pressure Regulation. A pressure-regulating valve shall be installed
and maintained by the consumer if static service pressure exceeds
80 pounds per square inch (psi), and be set at a maximum operating
pressure of 60 psi at the regulator outlet. The pressure-regulating
valve shall be located between the meter and the first point of water
use, or first point of division in the pipe, and pressure-relief valves
and other plumbing safety devices shall be installed as required by
local codes. The operating pressure requirement may be waived if the
consumer presents evidence satisfactory to the District that high
pressure is necessary in the design and that no water will be wasted
as a result of higher pressure operation.
B.
Interior Plumbing Fixtures. All plumbing installed, replaced or moved
in any new or existing service shall be high-efficiency fixtures and
shall meet the following minimum requirements:
1.
High-Efficiency Clothes Washers: Residential or
commercial clothes washers that meet the current highest water efficiency
standards as defined by the District. The General Manager shall have
authority to grant a variance from the requirements of this section
based upon financial hardship.
2.
High-Efficiency Lavatory Faucet: The maximum flow
rate shall not exceed 1.0 gallons per minute (gpm) at a pressure of
60 pounds per square inch (psi) at the inlet, when water is flowing.
3.
High-Efficiency Shower Head: The manufacturer shall
specify a maximum flow rate equal to or less than 2.0 gallons per
minute (gpm), at a pressure of 60 pounds per square inch (psi) at
the inlet, when water is flowing.
4.
High-Efficiency Toilet: Any WaterSense listed toilet
rated at an effective flush volume of no greater than 1.28 gallons.
5.
High-Efficiency Urinal: The average water consumption
shall not exceed 0.25 gallons per flush (gpf).
(4)
Nonresidential Interior Plumbing Fixtures. All plumbing installed,
moved or replaced in any new or existing service shall be high-efficiency
fixtures and shall meet the following minimum requirements:
A.
Faucets. Lavatory faucets, other than public lavatory or metering
faucets, shall deliver 1.0 gallons, or less of water per minute.
1.
Metered Faucets. Self-closing or self-closing metering
faucets shall be installed on lavatories intended to serve the transient
public, such as those in, but not limited to, service stations, train
stations, airports, restaurants, and convention halls. Metered faucets
shall deliver no more than 0.25 gallons of water per use. Self-closing
faucets shall deliver no more than 0.5 gallon per minute.
2.
Public lavatory (other than metering) faucets shall
deliver 0.5 gallons, or less, of water per minute.
3.
Kitchen, bar and utility/service (other than hand-washing
sinks) faucets shall by default deliver 1.8 gallons per minute
or less, and may be constructed to allow a temporary flow of 2.2 gallons,
or less, of water per minute.
B.
Private Use, Public Use. Pursuant to the International Plumbing Code
(IPC):
In the classification of plumbing fixtures, 'private' applies
to fixtures in residences and apartments, and to fixtures in nonpublic
toilet rooms of hotels and motels and similar installations in buildings
where the plumbing fixtures are intended for utilization by a family
or an individual; 'public' applies to fixtures in general toilet rooms
of schools, gymnasiums, hotels, airports, bus and railroad stations,
public buildings, bars, public comfort stations, office buildings,
stadiums, stores, restaurants and other installations where a number
of fixtures are installed so that their utilization is similarly unrestricted.
C.
Commercial Equipment Specifications.
1.
Dishwashers. Dishwashers are machines designed to
clean and sanitize plates, glasses, cups, bowls, utensils, and trays
by applying sprays of detergent solution (with or without blasting
media granules) and a sanitizing final rinse. Dishwashers shall meet
the current specifications set by the Consortium for Energy Efficiency's
(CEE) "High Efficiency Specifications for Commercial Dishwashers"
and any and all amendments thereto.
2.
Steamers. A "steamer" or "steam cooker" is a device
with one or more food steaming compartments in which the energy in
the steam is transferred to the food by direct contact. Steamers shall
meet the current specifications set by the CEE's "High Efficiency
Specifications for Commercial Steamers" and any and all amendments
thereto.
3.
Pre-Rinse Spray Valves. Pre-rinse valves use a spray
of water to remove food waste from dishes prior to cleaning in a dishwasher.
Pre-rinse spray valves shall (1) deliver 1.3 gallons, or less, of
water per minute based on tested performance by the FSTC and (2) meet
the cleaning performance standard of 26 seconds per plate or less,
based on the ASTM "Standard Test Method for Performance of Pre-Rinse
Spray Valves" and any and all amendment thereto.
4.
Dipper Wells. A "dipper well" is a basin into which
clean tap water flows constantly to provide a fresh supply of water
for soaking utensils. The run-off goes down the drain. Dipper well
flow rate shall be 0.3 gallon, or less, per minute.
5.
Ice Machines. Ice machines are a factory-made assembly
(not necessarily shipped in one package) consisting of a condensing
unit and ice-making section operating as an integrated unit, with
means for making and harvesting ice. It is an assembly that makes
up to 4,000 lbs. of ice per day at Standard Ratings Conditions, as
defined in Section 5.2.1 of ARI Standard 810-2006, and may also include
means for storing or dispensing ice, or both. Ice machines shall (1)
be Energy Star qualified and (2) meet the current highest Tier specification
set by the CEE's "High Efficiency Specifications for Air-Cooled Ice
Machines" and any and all amendments thereto.
6.
Heating, Ventilation and Air Conditioning (HVAC) Equipment. HVAC equipment shall eliminate all once-through cooling, replacing
with an air-cooled system or a cooling tower. For cooling towers,
the following are recommended:
(a)
Flow submeters on make-up and bleed-off lines; submeters should,
at a minimum, be capable of totaling the flow.
(b)
Conductivity controllers that activate the blowdown valve for
dissolved solids control.
(c)
Overflow sensors on the overflow pipes.
(d)
Baffles or drift eliminators.
|
All cooling towers shall be monitored and maintained in a manner
consistent with applicable regulatory guidelines and manufacturers
recommendations.
|
(5)
Water Efficient Landscaping.
A.
After December 1, 2015, this chapter shall apply to all of the following:
1.
New construction projects with an aggregate landscape area equal
to or greater than 500 square feet requiring a building or landscape
permit, plan check or design review;
2.
Rehabilitated landscape projects with an aggregate landscape area
equal to or greater than 1,000 square feet requiring a building or
landscape permit, plan check, or design review;
3.
Any project with an aggregate landscape area of less than 1,000 square
feet requiring a building or landscape permit, plan check, or design
review shall comply with the performance requirements of this ordinance
or conform to the prescriptive measures contained in Appendix D.
B.
This chapter shall not apply to:
1.
Registered local, state or federal historical sites;
2.
Ecological restoration projects that do not require a permanent irrigation
system;
3.
Mined-land reclamation projects that do not require a permanent irrigation
system; or
4.
Existing plant collections, as part of botanical gardens and arboretums
open to the public.
|
Note: Authority Cited: Section 65595, Government Code. Reference:
Section 65596, Government Code.
|
C.
Water Efficient Landscape Worksheet.
1.
Complete the Maximum Applied Water Allowance and Estimated Total
Water Use worksheet in Appendix A.
2.
Water budget calculations shall adhere to the following requirements:
(a)
The plant factor used shall be from WUCOLS or from horticultural
researchers with academic institutions or professional associations
as approved by the California Department of Water Resources (DWR).
(b)
All water features shall be included in the high water use hydrozone
and temporarily irrigated areas shall be included in the low water
use hydrozone.
(c)
All Special Landscape Areas shall be identified and their water
use calculated as shown in Appendix A.
(d)
ET Adjustment Factor for new and existing (non-rehabilitated)
Special Landscape Areas, and for areas exclusively irrigated with
recycled water, rainwater, or graywater, shall not exceed 1.0.
D.
Soil Management Report.
1.
In order to reduce runoff and improve plant growth, the project applicant
may be required by the District to complete a soil management report
as follows:
E.
Landscape Design Plan. For each landscape project subject to this
chapter applicants shall submit a landscape design plan in accordance
with the following:
1.
The landscape design plan, at a minimum, shall:
(a)
Delineate and label each hydrozone by number, letter, or other
method;
(b)
Identify each hydrozone as low, moderate, high water. Temporarily
irrigated areas of the landscape shall be included in the low water
use hydrozone for the water budget calculation;
(c)
Identify recreational areas;
(d)
Identify areas permanently and solely dedicated to edible plants;
(e)
Identify areas irrigated with recycled water;
(f)
Identify type of mulch and application depth;
(g)
Identify soil amendments, type, and quantity;
(h)
Identify type and surface area of water features;
(i)
Identify hardscapes (pervious and non-pervious);
(j)
Identify location and installation details of any applicable
stormwater best management practices that encourage on-site retention
and infiltration of stormwater. Appropriate stormwater best management
practices are encouraged in the landscape design.
(k)
Identify any applicable rain harvesting or catchment technologies.
(l)
Identify any applicable graywater discharge piping, system components
and area(s) of distribution;
(m)
Contain the following statement: "I have complied with the criteria
of the ordinance and applied them for the efficient use of water in
the landscape design plan"; and
(n)
Bear the signature of a licensed landscape architect, licensed
landscape contractor, or other person authorized by the property owner
to design the project's landscape.
F.
Soil Preparation, Mulch and Amendments.
1.
Prior to the planting of any materials, compacted soils shall be
transformed to a friable condition. On engineered slopes, only amended
planting holes need meet this requirement.
2.
Soil amendments shall be incorporated according to what is appropriate
for the plants selected.
3.
For landscape installations, compost at a rate of a minimum of six
cubic yards per 1,000 square feet of permeable area shall be incorporated
to a depth of eight inches into the soil. Soils with greater than
6% organic matter in the top 8 inches of soil, as determined by a
soil management report, are exempt from adding compost and tilling.
4.
A minimum three-inch (3″) layer of organic mulch shall be applied
on all exposed soil surfaces of planting areas except in turf areas,
creeping or rooting groundcovers, or direct seeding applications where
mulch is contraindicated. To provide habitat for beneficial insects
and other wildlife, up to 5% of the landscape area may be left without
mulch. Designated insect habitat must be included in the landscape
design plan as such.
5.
Stabilizing mulching products shall be used on slopes that meet current
engineering standards.
6.
The mulching portion of the seed/mulch slurry in hydro-seeded applications
shall meet the mulching requirement.
7.
Organic mulch materials made from recycled or post-consumer products
are preferred over virgin forest products unless the recycled post-consumer
organic products are not locally available.
G.
Plants.
1.
Any plant may be selected for the landscape, providing the Estimated
Total Water Use in the landscape area does not exceed the Maximum
Applied Water Allowance and the selected plants meet all other permit,
fire safe, and non-invasive requirements for the project. Methods
to achieve water efficiency shall include the following:
(a)
Protection and preservation of native species and natural vegetation;
(b)
Selection of water-conserving plant, tree and turf species,
especially local native plants;
(c)
Selection of plants based on local climate suitability, disease
and pest resistance;
(d)
Selection of trees based on applicable local tree ordinances
or tree shading guidelines, and size at maturity as appropriate for
the planting area; and
(e)
Selection of plants from local and regional landscape program
plant lists.
(f)
Plants with similar water use needs shall be grouped together
in distinct hydrozones, and where irrigation is required the distinct
hydrozones shall be irrigated with separate valves.
(g)
Low and moderate water use plants can be mixed, but the entire
hydrozone will be classified as moderate water use for MAWA calculations.
(h)
High water use plants shall not be mixed with low or moderate
water use plants.
(i)
Plants shall be selected and planted appropriately based upon
their adaptability to the climatic, geologic, and topographical conditions
of the project site. Methods to achieve water efficiency shall include
one or more of the following:
i.
Use the Sunset Western Climate Zone System which takes into
account temperature, humidity, elevation, terrain, latitude, and varying
degrees of continental and marine influence on local climate;
ii.
Recognize the horticultural attributes of plants (i.e., mature
plant size, invasive surface roots) to minimize damage to property
or infrastructure (e.g., buildings, sidewalks, power lines); allow
for adequate soil volume for healthy root growth; and
iii.
Consider the solar orientation for plant placement to maximize
summer shade and winter solar gain.
(j)
Turf shall not be allowed in the following conditions: Slopes
exceeding 10%, planting areas 10 feet wide or less, street medians,
traffic islands, planter strips adjacent to hardscape, bulbouts or
parkways, unless the parkway is adjacent to a parking strip and used
to enter and exit vehicles. Any turf in parkways must be irrigated
by sub-surface irrigation or by other technology that creates no overspray
or runoff.
(k)
High-water-use plants, characterized by a plant factor of 0.7
to 1.0, are prohibited in street medians, traffic islands, planter
strips adjacent to hardscape, or bulbouts of any size.
(l)
Invasive plants as listed by the Cal-IPC are prohibited. Weedy
species, listed as invasive in California (at www.cal-ipc.org/ip/inventory/index.php) shall not be planted. Please check the species you might be thinking
of planting against these lists, broken out by plant type. Exemptions
may be granted on a case by case basis if District staff determine
that the proposed location, species, size, number of plants, and other
cultural methods are not likely to cause harm to the watershed ecosystem.
(m)
Fire Safe Landscape Practices. The requirements in this chapter
are intended to support, and be in compliance with, all local and
State requirements related to Fire Safe Landscaping practices, including,
but not limited to, requirements for Wildlife Urban Interface zones
as specified by the local authority.
(n)
The architectural guidelines of a common interest development,
which include community apartment projects, condominiums, planned
developments, and stock cooperatives, shall not prohibit or include
conditions that have the effect of prohibiting the use of low-water
use plants as a group.
(o)
Nonfunctional turf irrigated with district water shall be prohibited.
H.
Water Features.
1.
Recirculating water systems shall be used for water features.
2.
Where available, recycled water shall be used as a source for decorative
water features.
3.
Surface area of a water feature shall be included in the high water
use hydrozone area of the water budget calculation.
4.
Pool covers are required for all new outdoor swimming pools.
I.
Irrigation Design Plan. This section applies to landscaped areas
requiring permanent irrigation, not areas that require temporary irrigation
solely for the plant establishment period. For the efficient use of
water, an irrigation system shall meet all the requirements listed
in this section and the manufacturers' recommendations. The irrigation
system and its related components shall be planned and designed to
allow for proper installation, management, and maintenance. An irrigation
design plan meeting the following design criteria shall be submitted
as part of the Landscape Documentation Package:
1.
The irrigation design plan, at a minimum, shall contain:
(a)
Location and size of separate water meters for landscape;
(b)
Location, type and size of all components of the irrigation
system, including controllers, main and lateral lines, valves, sprinkler
heads, moisture sensing devices, rain switches, quick couplers, pressure
regulators, and backflow prevention assemblies;
(c)
Static water pressure at the point of connection to the public
water supply;
(d)
Flow rate (gallons per minute), application rate (inches per
hour), and design operating pressure (pressure per square inch) for
each station;
(e)
Recycled water irrigation systems;
(f)
The following statement: "I have complied with the criteria
of the ordinance and applied them accordingly for the efficient use
of water in the irrigation design plan"; and
(g)
The signature of a licensed landscape architect, certified irrigation
designer, licensed landscape contractor, or other person authorized
by the property owner to design the project's irrigation system.
2.
System.
(a)
Separate District landscape water service meters shall be required
for all new landscapes, other than single-family and two-unit residential
landscapes, for which the irrigated area is equal to or greater than
1,000 square feet.
(b)
A private submeter shall be required for all rehabilitated landscapes
for which the irrigated landscape area is equal to or greater than
2,500 square feet.
(c)
Automatic irrigation controllers utilizing either evapotranspiration
or soil moisture sensor data utilizing non-volatile memory shall be
required for irrigation scheduling in all irrigation systems.
(d)
If the water pressure is below or exceeds the recommended pressure
of the specified irrigation devices, the installation of a pressure
regulating device(s) is required to ensure that the dynamic pressure
at each emission device is within the manufacturer's recommended pressure
range for optimal performance.
(e)
Sensors (rain, freeze, wind, etc.), either integral or auxiliary,
that suspend or alter irrigation operation during unfavorable weather
conditions shall be required on all irrigation systems, as appropriate
for local climatic conditions. Irrigation should be avoided during
windy or freezing weather or during rain.
(f)
Manual shut-off valves (such as a gate valve, ball valve, or
butterfly valve) shall be required, as close as possible to the point
of connection of the water supply and before each valve or valve manifold,
to minimize water loss in case of an emergency (such as a main line
break) or routine repair.
(g)
Backflow prevention assemblies shall be required to protect
the water supply from contamination by the irrigation system. A project
applicant shall refer to the applicable local agency code (i.e., public
health) for additional backflow prevention requirements.
(h)
Flow sensors that detect high flow conditions created by system
damage or malfunction, are required for all non-residential landscapes
and residential landscapes of 5,000 square feet or larger and shall
be integrated with the irrigation system in such a manner as to be
capable of automatically stopping water flow in the irrigation system
in the event of a high flow condition. Flow sensors that meet this
requirement are typically integrated with the irrigation controller(s)
and master valve(s), and have the ability to alert the system operator
of malfunctions using remote communication devices.
(i)
The irrigation system shall be designed to prevent runoff, low
head drainage, overspray, or other similar conditions where irrigation
water flows onto non-targeted areas, such as adjacent property, non-irrigated
areas, hardscapes, roadways, or structures.
(j)
If applicable, relevant information from the soil management
plan, such as soil type and infiltration rate, shall be utilized when
designing irrigation systems.
(k)
The design of the irrigation system shall conform to the hydrozones
of the landscape design plan.
(l)
The irrigation system must be designed and installed to meet,
at a minimum, the irrigation efficiency regarding the Maximum Applied
Water Allowance.
(m)
It is highly recommended that the project applicant inquire
with the District about water restrictions that may impact the effectiveness
of the irrigation system.
(n)
In mulched planting areas, the use of low volume irrigation
is required to maximize water infiltration into the root zone.
(o)
Sprinkler heads and other emission devices shall have matched
precipitation rates.
(p)
Sprinkler spacing shall be designed to achieve the highest possible
distribution uniformity using the manufacturer's recommendations.
(q)
Swing joints or other pipe protection components are required
on above-ground irrigation piping.
(r)
Check valves shall be installed to prevent low-head drainage.
(s)
Areas less than 10 feet in width in any direction shall be irrigated
with subsurface irrigation or other means that produce no runoff or
overspray.
(t)
Minimum 24″ setback of overhead spray irrigation is required
when adjacent to a continuous hardscape area where runoff water flows
into the curb and gutter.
(u)
Slopes greater than 15% shall not be irrigated with an irrigation
system with an application rate exceeding 0.75 inches per hour. This
restriction may be modified if the landscape designer specifies an
alternative design or technology, as part of the Landscape Documentation
Package, and clearly demonstrates no runoff or erosion will occur.
Prevention of runoff and erosion must be confirmed during the irrigation
audit.
(v)
Identify any applicable rain harvesting, graywater, or catchment
technologies (e.g., rain gardens, cisterns, etc.). Applicants are
encouraged to employ alternative irrigation techniques as appropriate,
and where permitted by law.
(w)
Identify location and installation details of any applicable
stormwater best management practices that encourage on-site retention
and infiltration of stormwater. Appropriate stormwater best management
practices are encouraged in the landscape design.
3.
Hydrozone.
(a)
Each valve shall irrigate a hydrozone with similar site, slope,
sun exposure, soil conditions, and plant materials with similar water
use.
(b)
Sprinkler heads and other emission devices shall be selected
based on what is appropriate for the plant type within that hydrozone.
(c)
Trees shall be placed on separate irrigation valves except when
planted in turf areas.
(d)
Low and moderate water use plants can be mixed, but the entire
hydrozone will be classified as moderate water use for MAWA calculations.
(e)
High water use plants shall not be mixed with low or moderate
water use plants.
(f)
On the landscape design plan and irrigation design plan, hydrozone
areas shall be designated by number, letter, or other designation.
On the irrigation design plan, designate the areas irrigated by each
valve, and assign a number to each valve. Use this valve number in
the Hydrozone Information Table. This table can also assist with the
irrigation audit and programming the controller.
J.
Certificate of Completion (Appendix C).
1.
The Certificate of Completion shall include the following six elements:
(b)
Certification by either the signer of the landscape design plan,
the signer of the irrigation design plan, or the licensed landscape
contractor that the landscape project has been installed per the approved
Landscape Documentation Package.
(c)
Irrigation scheduling parameters used to set the controller;
(d)
Landscape and irrigation maintenance schedule;
(e)
Irrigation audit report; and
(f)
Soil analysis report, if not submitted with Landscape Documentation
Package, and documentation verifying implementation of soil report
recommendations as required.
K.
Landscape and Irrigation Maintenance Schedule.
1.
Landscapes shall be maintained to ensure water use efficiency. A
regular maintenance schedule shall be submitted with the Certificate
of Completion.
2.
A regular maintenance schedule shall include, but not be limited
to, routine inspection; auditing, adjustment and repair of the irrigation
system and its components; aerating and dethatching turf areas; top
dressing with compost, replenishing mulch; fertilizing; pruning; weeding
in all landscape areas, and removing obstructions to emission devices.
Operation of the irrigation system outside the normal watering window
is allowed for auditing and system maintenance.
3.
Repair of all irrigation equipment shall be done with the originally
installed components or their equivalents or with components with
greater efficiency.
4.
A project applicant is encouraged to implement established landscape
industry sustainable Best Practices for all landscape maintenance
activities.
L.
Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.
1.
All landscape irrigation audits shall be conducted by a local agency
landscape irrigation auditor or a third party certified landscape
irrigation auditor.
2.
In large projects or projects with multiple landscape installations
(i.e., production home developments) an auditing rate of 1 in 7 lots
or approximately 15% will satisfy this requirement.
3.
For new construction and rehabilitated landscape projects installed
after December 1, 2015, the project applicant shall submit an irrigation
audit report with the Certificate of Completion to the District that
may include, but is not limited to: inspection, system tune-up, system
test with distribution uniformity, reporting over-spray or run-off
that causes overland flow, and preparation of an irrigation schedule,
including configuring irrigation controllers with application rate,
soil types, plant factors, slope, exposure and any other factors necessary
for accurate programming.
M.
Irrigation Efficiency. For the purpose of determining Estimated Total
Water Use, average irrigation efficiency is assumed to be a minimum
of 0.75 for overhead spray de-vices and 0.85 for drip system devices.
N.
Recycled Water.
1.
The installation of recycled water irrigation systems shall allow
for the current and future use of recycled water.
2.
All recycled water irrigation systems shall be designed and operated
in accordance with all applicable local and State laws.
3.
Landscapes using recycled water are considered Special Landscape
Areas. The ET Adjustment Factor for new and existing (non-rehabilitated)
Special Landscape Areas shall not exceed 1.0.
O.
Graywater Systems. Graywater systems promote the efficient use of
water and are encouraged to assist in on-site landscape irrigation.
All graywater systems shall conform to the California Plumbing Code
(Title 24, Part 5, Chapter 16) and any applicable local ordinance
standards.
P.
Stormwater Management and Rainwater Retention.
1.
Identify location and installation details of any applicable stormwater
best management practices that encourage on-site retention and infiltration
of stormwater. Appropriate stormwater best management practices are
encouraged in the landscape design.
2.
Rain gardens, cisterns, and other landscapes features and practices
that increase rainwater capture and create opportunities for infiltration
and/or on-site storage are recommended.
Q.
Forms. The following forms shall be submitted: Appendix A, Maximum
Applied Water Allowance; Appendix B, Hydrozone Table; Appendix C,
Certificate of Completion; Appendix D, Prescriptive Compliance (Optional).
Appendix A – Maximum Applied Water Allowance
Appendix B – Hydrozone Table
Appendix C – Certificate of Completion
Appendix D – Prescriptive Compliance Option
(6)
Drinking Water Served Upon Request Only. By January 1, 2011, eating
or drinking establishments, including, but not limited to, a restaurant,
hotel, café, cafeteria, bar, or other public place where food
or drinks are sold, served, or offered for sale, are prohibited from
providing drinking water to any person unless expressly requested.
(7)
Commercial Lodging Establishments Must Provide Guests Option to Decline
Daily Linen Services. By January 1, 2011, hotels, motels and other
commercial lodging establishments shall provide customers the option
of not having towels and linen laundered daily. Commercial lodging
establishments shall prominently display notice of this option in
each bathroom using clear and easily understood language.
(8)
Graywater Systems. All applicants requesting a water service for
a new residential or commercial structure which requires the installation
of a new service, and all applicants requesting an enlarged water
service for a "substantial remodel" to an existing residential or
commercial structure as that term is defined under Marin County Code
Section 19.04.063 or any successor ordinance shall install a gray
water recycling system to reuse the maximum practicable amount of
gray water on site. Installation and operation of all gray water systems
shall comply with all rules and regulations of the District, the local
jurisdiction having zoning authority over the parcel and the California
Plumbing and CALGreen Code.
(9)
Rainwater Harvesting Systems. This section is reserved for future
provisions regarding rainwater harvesting systems.
(10)
Other Provisions. The General Manager will consider and may allow
the substitution of design alternatives and innovation which may equally
reduce water consumption for any of these requirements. The General
Manager may accept documentation methods, water allowance determination,
and landscape and irrigation design requirements of the State of California
Model Water Efficient Landscape Ordinance instead of Sections 14-30.040
and 14-30.050 of these requirements where it can be demonstrated that
the State procedure will more effectively address the design requirements
of the project.
(11)
Provisions for Appeal. The applicant or any affected person may appeal
the final decision of staff regarding plan check or final inspection
to the General Manager. The decision of the General Manager shall
be final. An appeal regarding plan check shall be submitted prior
to the installation of the landscape or it will be deemed to have
been waived.
(12)
Forms.
The following forms shall be submitted as described in this chapter:
Appendix A, Maximum Applied Water Allowance; Appendix B, Hydrozone
Table; Appendix C, Certificate of Completion; Appendix D, Prescriptive
Compliance Option (as required)
|
Appendix A—Maximum Applied Water Allowance (Residential
& Commercial)
 |
|
Appendix B—Hydrozone Table
 |
|
Appendix C—Certificate of Completion
 Appendix D—Prescriptive Compliance Option
|
1.
This appendix contains prescriptive requirements which may be used
as a compliance option to the Model Water Efficient Landscape Ordinance.
2.
Compliance with the following items is mandatory and must be documented
on a landscape plan in order to use the prescriptive compliance option:
(a)
Submit a Landscape Documentation Package which includes the following
elements:
(1)
Date;
(2)
Project applicant;
(3)
Project address (if available, parcel and/or lot number(s));
(4)
Total landscape area (square feet), including a breakdown of
turf and plant material;
(5)
Project type (e.g., new, rehabilitated, public, private, homeowner-installed);
(6)
Water supply type (e.g., potable, recycled, well) and identify
the local retail water purveyor if the applicant is not served by
a private well;
(7)
Contact information for the project applicant and property owner;
(8)
Applicant signature and date with statement, "I agree to comply
with the requirements of the prescriptive compliance option to the
MWELO";
(9)
Narrative description of project.
(b)
Incorporate compost at a rate of at least six cubic yards per 1,000
square feet to a depth of eight inches into landscape area (unless
contraindicated by a soil test);
(c)
Plant material shall comply with all of the following;
(1)
For residential areas, install climate adapted plants that require
occasional, little or no summer water (average WUCOLS plant factor
0.3) for 75% of the plant area excluding edibles and areas using recycled
water, graywater, and/or rainwater as the exclusive source of water
for irrigation. For non-residential areas, install climate adapted
plants that require occasional, little or no summer water (average
WUCOLS plant factor 0.3) for 100% of the plant area, excluding edibles
and areas using recycled water, rainwater, or graywater as the exclusive
source of water for irrigation.
(2)
A minimum three-inch (3″) layer of mulch shall be applied on
all exposed soil surfaces of planting areas except in turf areas,
creeping or rooting groundcovers, or direct seeding applications where
mulch is contraindicated.
(3)
Do not plant invasive or non-fire safe species of plants not
historically found in California and/or that spread outside cultivated
areas and can damage environmental or economic resources as determined
by Cal-IPC (www.cal-ipc.org), the local fire agency, and the District.
(d)
Turf shall comply with all of the following:
(1)
Turf and other high water use plants shall not exceed 25% of
the landscape area in residential areas, and there shall be no turf
permitted in non-residential areas;
(2)
Turf shall not be planted on sloped areas which exceed a slope
of one foot vertical elevation change for every 10 feet of horizontal
length;
(3)
Turf is prohibited in parkways less than 10 feet wide, unless
the parkway is adjacent to a parking strip and used to enter and exit
vehicles. Any turf in parkways must be irrigated by sub-surface irrigation
or by other technology that creates no overspray or runoff.
(e)
Irrigation systems shall comply with the following:
(1)
Automatic irrigation controllers are required and must use evapotranspiration
or soil moisture sensor data and utilize a rain sensor.
(2)
Irrigation controllers shall be of a type which does not lose
programming data (non-volatile memory) in the event the primary power
source is interrupted.
(3)
Pressure regulators shall be installed on the irrigation system
to ensure the dynamic pressure of the components are within the manufacturers
recommended pressure range.
(4)
Manual shut-off valves (such as a gate valve, ball valve, or
butterfly valve) shall be installed as close as possible to the point
of connection of the water supply and before each valve or valve manifold.
(5)
Areas less than 10 feet in width in any direction shall be irrigated
with subsurface irrigation or other means that produces no runoff
or overspray.
(f)
For nonresidential projects with landscape areas of 1,000 sq. ft.
or less, a private sub-meter(s) to measure landscape water use shall
be installed.
(g)
At the time of final inspection, the permit applicant must provide
the owner of the property with a certificate of completion, certificate
of installation, irrigation schedule and a schedule of landscape and
irrigation maintenance.
(Ord. 326 §1, 1991; Ord. 385 §1, 1999; Ord. 414 §2, 2010; Ord. 421 §3, 2011; Ord. 429 §2, 2015; Ord. 430 §2,
2015; Ord. 432 §2, 2016; Ord. 459 §§2—4, 2022; Ord. 461 §3, 2022)
The district-adopted Water Shortage Contingency Plan, as amended
from time to time, shall be the guide for district actions during
water shortage conditions. The plan, adopted in compliance with Water
Code Section 10632, provides six shortage stages from least to most
severe and sets forth detailed descriptions of the actions and procedures
to be used to address varying degrees of water shortages. Driven by
the criteria identified in the WSCP, the district General Manager
will request the district Board of Directors to declare, by resolution,
the appropriate water shortage stage and level of water conservation
needed within the district. The water supply shortage so designated
shall become effective immediately upon adoption, unless otherwise
provided by resolution of the board, and shall be authorization for
the General Manager to implement the actions that correlate with each
water shortage stage. As water supply conditions improve, or further
deteriorate, the General Manager will return to the board to revise
the appropriate stage of response. It shall not be necessary to implement
any stage prior to another; the stages may be implemented in any reasonable
order as deemed necessary and appropriate by the board in light of
existing water supply conditions.
(Ord. 316 §2, 1991; Ord. 323 §1, 1991; Ord. 325 §1, 1991; Ord. 376 §8, 1997; Ord. 387 §1, 1999; Ord. 462 §3,
2023)
The WSCP includes public communications strategies to be utilized
with each water shortage stage. With the board adoption of each new
stage under the WSCP, the district will implement communication of
each water shortage stage consistent with the guidance of the WSCP,
including use of the district's webpage, social media and news media,
as appropriate to assure that district customers are made aware of
each newly adopted stage and associated actions.
(Ord. 462 §4, 2023)
Beginning with water shortage stage three, the WSCP identifies additional, or increasingly strict, customer water use prohibitions to augment the district's normal year water conservation program rules set forth in Sections 13.02.020 and 13.02.021 These enhanced water use prohibitions will be implemented and enforced by the district in correspondence with the declaration of each water shortage stage. The new prohibitions will apply to all persons, customers and properties within the district, subject to the enforcement procedures set forth at Section 13.02.060 and the variance process set forth at Section 13.02.050.
(Ord. 462 §5, 2023)
When the requirements of Section 13.02.030 are in effect, consumers in Billing Codes 6, 7 and 8 will reduce their use by the appropriate percentage of their water budget.
(Ord. 316 §2, 1991; Ord. 376 §9, 1997; Ord. 387 §1, 1999)
(1)
The district may grant variances for use of water otherwise prohibited
by this chapter if it is found and determined that:
(A)
Failure to do so would cause an unnecessary and undue hardship on
applicant or the public, including, but not limited to, adverse economic
impacts;
(B)
Failure to do so would cause an emergency condition affecting the
health, sanitation, fire protection or safety of the applicant or
the public; or
(C)
Customer is able and agrees to provide an alternative means of providing
comparable water conservation.
(2)
Any request for a variance shall be submitted to the district in a writing providing sufficient detail regarding the request and the reasons therefore. After consideration of the variance request, a written decision shall be provided to the customer rejecting, partially approving or approving the variance request. If the customer disagrees with the initial determination, the customer may avail themselves of the appeal process set forth in Section 13.02.090.
(Ord. 462 §6, 2023)
(1)
For violations of the provisions set forth in chapter, other than Section 13.02.020(1)(B)13.02.020(1)(B), the following enforcement procedures shall apply:
(A)
First Notice—Warning Letter. Any customer violating the regulations and restrictions on water use set forth in this chapter, other than Section 13.02.020(1)(B)13.02.020(1)(B), shall receive a written warning informing them of the violation for the first such violation and warning that a second such violation will result in a penalty.
(B)
Notice of Violation. If, after receiving a written warning of violation
for the same category of violation within one year, the district shall
issue a notice of violation imposing a $25.00 fine on the customer's
next water bill.
(2)
Repeat Violations. For customers found by the district to incur a
further violation within the same category for which customer has
already received a fine within the past year, customer shall be charged
a fine of $250.00 for each successive violation.
(3)
Additional Enforcement Procedures.
(A)
Failure by the customer to correct the violation and pay the applicable
fine, after following the procedures set forth above in this section,
may cause the district to install a flow restrictor to be installed
in the service. If a flow restrictor is placed, a charge of $150.00
for cost of installation and an additional $150.00 cost for removal
shall be paid by the violator.
(B)
Any willful violation occurring subsequent to the issuance of the
third written notice of violation may constitute a misdemeanor and
may be referred to the Marin County District Attorney's office for
prosecution. An individual convicted shall be punished by imprisonment
in the County Jail for not more than 30 days, or by a fine not exceeding
$1,000.00 or both.
(Ord. 316 §2, 1991; Ord. 387 §1, 1999; Ord. 421 §4, 2011; Ord. 461 §5, 2022)
Use of water without having made application to the district for water service or use of any district water not metered pursuant to such application is prohibited pursuant to this chapter, and in addition to the penalties contained in Section 13.02.080, violators will be subject to the charges for use of such water set forth in Section 6.01.080 of this code.
(Ord. 316 §2, 1991)
It is unlawful for any person, firm, partnership, association, corporation or political entity to remove, replace, alter or damage any water meter or components thereof, including but not limited to the meter face, its dials or other water usage indicators and any flow restricting device installed pursuant to Section 13.02.060.
(Ord. 316 §2, 1991)
Except as provided in Section 13.02.060, for the first and second violations any person, firm, partnership, association, corporation or political entity violating or causing or permitting the violation of any of the provisions of this chapter or providing false information to the district in response to district's requests for information needed by the district to calculate consumer water allotments shall be guilty of a misdemeanor punishable by imprisonment in the county jail for not more than thirty days or by a fine not exceeding one thousand dollars or both. Each separate day or portion thereof in which any violation occurs or continues without a good faith effort by the responsible party to correct the violation shall constitute a separate offense and, upon conviction thereof, shall be separately punishable.
(Ord. 316 §2, 1991)
Customers may appeal a decision regarding a variance or an enforcement
action by following the procedures set forth below:
(1)
Within 30 calendar days of the variance denial or partial denial
or a notice of violation, customer shall mail a written appeal containing
all applicable evidence supporting their position to the Water Efficiency
Department at 220 Nellen Avenue, Corte Madera, CA 94925. For purposes
of this section an appeal shall be deemed received by the district
on the day of post-mark by the U.S. Postal Service.
(2)
The district shall respond to the appeal in writing either denying,
granting or partially granting the appeal. If customer disputes the
initial written determination of his/her appeal, then customer may
request a further appeal by submitting a further writing to the district
within 15 calendar days from the date of the initial written response
to the appeal.
(3)
Upon receipt of a timely further appeal, a hearing on the appeal
will be scheduled and the district will mail notice of this date to
the customer at least 10 calendar days before the hearing.
(4)
The General Manager or designee shall conduct a hearing on the appeal
considering all applicable facts and issue a written decision containing
his or her decision on the appeal. The General Manager's or designee's
decision shall be final.
(5)
Any action not timely appealed shall be deemed final.
(6)
Pending receipt of a written appeal or pending hearing pursuant to
an appeal, the district may take appropriate steps to prevent unauthorized
use of water as appropriate to prevent waste.
(7)
This notice and hearing procedure shall not apply to those water
waste situations charged as misdemeanors.
(Ord. 316 §2, 1991; Ord. 461 §6, 2022)
The remedies available to the district to enforce this chapter
are in addition to any other remedies available under the district's
code, or any state statutes or regulations, and do not replace or
supplant any other remedy, but are cumulative.
(Ord. 316 §2, 1991)
The provisions of this chapter shall prevail and control in
the event of any inconsistency between this chapter and any other
rule, regulation, ordinance or code of this district.
(Ord. 316 §2, 1991)
Note: Prior ordinance history: Ords. 295, 301, 309, 310
and 314.
The purpose of this chapter is to specify the terms and conditions
under which water budgets will be required and to specify when consumers
will be required to retrofit water using fixtures with low flow or
ultra-low flow fixtures, all for the purpose of permanently reducing
the per capita consumption of water by the district's customers, thereby
reducing the hardship on the district's consumers resulting from over
subscription of the district's water supplies which has increased
the susceptibility of the district's supply to short-falls in dry
years.
(Ord. 316 §2, 1991)
The initial annual water budget for each existing service which is not a single-family residential or multi-unit residential structure is determined by the district assigning the amount of the water entitlement based on the purchased water entitlement, calculated consumption or designated annual consumption as defined in Section 11.08.180 of this code. The water budget for each service may be adjusted below the water entitlement as set forth in Section 11.08.035. All customers except residential customers exceeding their annual water entitlements are subject to terms and conditions of Section 11.08.030 of this code regarding changing character and/or increasing use of water.
(Ord. 316 §2, 1991; Ord. 340 §1, 1992; Ord. 376 §9, 1997)
Services must conform to the annual water budget calculated
by the district for each property receiving water service as follows:
(1)
New Services. immediately upon connection.
(Ord. 316 §2, 1991)
Requests to increase a service's water budget, as a result of
an entitlement purchase or transfer, or where the service's water
budget is less than the service's water entitlement shall meet the
following requirements:
(1)
Mixed-Use Non-Residential Services.
(A)
Interior Fixtures. Interior Fixtures shall meet conditions as stated
in District Code Section 13.02.02.
(B)
Irrigated Landscape Areas. A minimum 3-inch layer of mulch shall
be applied on all exposed soil surfaces of planting areas except in
turf areas or creeping or rooting groundcovers. Rain sensors shall
be installed for each irrigation controller. Irrigation system shall
be adjusted to minimize run-off or overspray onto non-targeted areas.
(2)
Dedicated Irrigation Services. The following items shall be completed by the applicant according to the requirements in District Code Section 13.02.020:
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A landscape water budget calculating both MAWA & ETWU requirements.
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A landscape hydrozone table.
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A minimum 3-inch layer of mulch shall be applied on all exposed
soil surfaces of planting areas except in turf areas or creeping or
rooting groundcovers.
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Rain sensors shall be installed for each irrigation controller.
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Irrigation system shall be adjusted to minimize runoff or overspray
onto non-targeted areas.
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Backflow prevention equipment shall be installed and tested
as required by the District.
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Upon determining the service meets the requirements for both
indoor and outdoor water use, and based on the current water efficiency
standards established by the District, the service may be eligible
to increase the annual water budget as calculated by staff, but in
no case shall the budget exceed the services entitlement. Requests
to increase a service's water budget may be made once per calendar
year.
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(Ord. 421 §5, 2011)
Any plumbing fixture in any existing service which is replaced, added or moved shall conform to the criteria contained in District Code Section 13.02.021.
(Ord. 316 §2, 1991; Ord. 414 §3, 2010)
The general manager may, in his discretion, exempt services from the requirements of Section 13.03.040 of this chapter, or impose reasonable conditions in lieu of compliance therewith, if he determines that any of the following conditions apply:
(1)
Hardship. The general manager may grant an extension for hardship where the requirements of Section 13.03.040 cause an unnecessary and undue substantial hardship upon the owner, or purchaser of the facility or the public. Substantial hardship may include, but is not limited to:
(A)
Plumbing in an existing facility which does not match the connections
with efficient plumbing fixtures and would, therefore, require partial
replumbing of the structures;
(B)
Unavailability of efficient plumbing fixtures to match a well defined
historic architectural style in a locally, state or federally recognized
building of historic significance, fitted with authentic plumbing
fixtures;
(C)
Any project exempted pursuant to subsection (1) of this section shall
be required to have installed toilets using a maximum of 3.5 gallons
per flush and three gallons per minute showerheads if not already
so provided.
(Ord. 316 §2, 1991)
Except for variances from Section 13.03.040, variances from the requirements of this chapter may be granted by the board of directors only after denial of a variance request by the general manager. Appeals of variance request denials shall be made in writing to the secretary of the board at least two weeks prior to the meeting at which they will be heard. Upon granting any appeal, the board of directors may impose any conditions it determines to be just and proper. Variances granted by the board of directors shall be prepared in writing, the original to be kept on file with the district and a copy to be furnished to the applicant. The board of directors may require it to be recorded at applicant's expense.
(Ord. 316 §2, 1991)
Any person, firm, partnership, association, corporation or political
entity violating or causing or permitting the violation of any of
the provisions of this chapter shall be guilty of a misdemeanor punishable
by imprisonment in the county jail for not more than thirty days or
by a fine not exceeding one thousand dollars or both. Each separate
day or portion thereof in which any violation occurs or continues
without a good faith effort by the responsible party to correct the
violation shall constitute a separate offense and, upon conviction
thereof, shall be separately punishable.
(Ord. 316 §2, 1991)
Whenever the general manager determines that low water use plumbing fixtures required by Section 13.03.040 have not been installed or have been removed since initial installation, the general manager may record a notice of violation with the office of the county recorder. The owners of the property as revealed by the assessment roll on which the violation is situated and any other person responsible for the violation shall be notified of the recordation, if their address is known. The owner of record shall have ninety days to take corrective action. Failure to take corrective action within ninety days shall constitute a violation of this code. The general manager shall cause a notice of correction to be recorded at such time as the property owner has established full compliance with the provisions of this chapter.
(Ord. 316 §2, 1991)
Any person, firm or corporation or upon whose property a notice
of violation has been recorded shall, if the condition creating the
nuisance or constituting the violation is not corrected within thirty
days, be liable for the cost of abatement and cost of correction which
shall include, but not be limited to, cost of investigation, court
costs, attorney fees and costs of monitoring compliance.
(Ord. 316 §2, 1991)
The provisions of this chapter shall prevail and control in
the event of any inconsistency between this chapter and any other
rule, regulation, ordinance or code of this district.
(Ord. 316 §2, 1991)
The remedies available to the district to enforce this chapter
are in addition to any other remedies available under the district's
rules and regulations, or any other state statutes or regulations,
and do not replace or supplant any other remedy, but are cumulative.
(Ord. 316 §2, 1991)
In addition to the penalties provided for in Section 13.03.070 of this chapter, district may install a flow restrictor in the service of a customer who violates the provisions of this chapter if, after receiving notice from district that he or she is in violation, he does not rectify the violation within a reasonable time specified by the district not to exceed sixty days.
(Ord. 316 §2, 1991)
